Resolution 2003-235
RESOLUTION NO. 2003 -235
1684
A RESOLlITION AUTHORIZING THE EXEClITION OF A STATE
ROADWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION AND COLLIER COUNTY.
WHEREAS, the Florida Department of Transportation (hereinafter "FOOT") has
jurisdiction over certain State Roadways within Collier County that have roadway lighting
installed and operating, and
WHEREAS, the FOOT has determined that the maintenance, operation, and repair of
said roadway lighting is most efficiently and safely accomplished by use of employees and
agents of a local government agency, referred to as a Maintaining Agency, and
WHEREAS, Collier County has performed the duties of a Maintaining Agency in the
past for certain roadway lighting on State Roadways in unincorporated Collier County without
reimbursement or remuneration by the FDOT, and
WHEREAS, the FOOT has begun a program of partially reimbursing Maintaining
Agencies for their expenses in maintaining and operating roadway lighting, and
WHEREAS, Collier County has direct costs in labor, parts, and electricity incurred .
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maintaining FOOT roadway lighting on State Roadways,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:"
SECTION 1. The Board of County Commissioners concurs and agrees to the provisions and
stipulations of the attached Agreement entitled "State Highway Lighting, Maintenance and
Compensation Agreement" pertaining to the design, installation, maintenance, operation, and
repair of roadway lighting on the State Roadways; and
SECTION 2. The Board of County Commissioners authorizes the incumbent of the position of
County Traffic Operations Engineer to sign said Agreement for the County and to acknowledge
and to legally approve for this Public Body routine additions, deletions, and modifications to the
list of roadway lighting facilities maintained under this agreement;
SECTION 3, The Clerk to the Board is hereby directed to forward a certified copy of this
Resolution to the Florida Department of Transportation, Bartow, Florida.
SECTION 4. This Resolution shall take effect immediately upon adoption.
Page 1 of 2
1684
meeting assembled this 29th
day of
ADOPTED by the Board of County Commissioners of Collier County, Florida at regular
,2003.
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DWr.flrr:~. BRO€K~~lerk
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Approved as to form a:J ~gal sufficiency:
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C eline Hu ard Robinson
ssistant County Attorney
Page 2 of2
July
BOARD OF COUNTY COMMISSIONERS
OF COLLIE OUNT FLORIDA
By:
TO
STATE OF FLORIOA OEPARTMENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT 16 B 4
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UTILITIES
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THIS AGREEMENT, entered into this day of , year of , by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. hereinafter referred to as the "FOOT", and
COLLIER COUNTY , hereinafter referred to as the "MAINTAINING AGENCY";
WITNESSETH:
WHEREAS, the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the
maintenance and operation of lighting on the State Highway System, and the FOOT is authorized under Sections 334.044,
Florida Statutes and 3 35.055, Florida Statutes to enter into this Agreement; and
WHE REAS, the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this
Agreement,
NO W, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FOOT and
the MAINTAINING AGENCY hereby agree as follows:
1. Maintenance of Facilities
a. The MAINTAINING AGENCY shall maintain all the lighting now or hereafter located on the State Highway
System within the juriSdictional boundaries of the MAINTAINING AGENCY, hereinafter referred to as the
"Facilities," throughout its expected useful life. For the purposes of this Agreement, the term Facilities
shall be deemed to include, but not necessarily be limited to, lighting for roadways, as well as park and
ride, pedestrian overpasses, and recreational areas owned by or located on the property of the FOOT, but
shall exclude those systems listed in Exhibit "A" attached hereto and by this reference made a part hereof,
and shall exclude lighting located in weigh stations, rest areas, or on Interstate highways.
b. In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the
Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting
type (ex. high mast, standard, underdeck, sign) or roadway system at all times for their normal expected
useful life in accordance with the original design thereof, whether necessitated by normal wear and tear,
accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall not be limited
to, providing electrical power and paying all charges associated therewith, routine inspection and testing,
preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities
(including the poles and any and all other component parts installed as part of the Facilities), and locating
(both vertically and horizontally) the Facilities, as may be necessary.
c. All maintenance shall be in accordance with the provisions of the following:
,
(1) Manual of Uniform Traffic Control Devices; and,
(2) All other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FOOT
procedures.
d. For lighting installed as part of an FOOT project, the MAINTAINING AGENCY's obligation to maintain shall
commence upon the MAINTAINING AGENCY's receipt of notification from the FOOT that the FOOT has finally
accepted the project, except for the obligation to provide for electrical power, which obligation to provide for
electrical power shall commence at such time as the lighting system is ready to be energized; provided, however,
that the MAINTAINING AGENCY shall not be required to perform any activities which are the responsibilities of
FOOT's contractor.
e. The continuing obligations under this paragraph 1 beyond the first fiscal year hereof are subject to the voluntary
negotiation of the amount to be paid as set forth in subparagraph 2b hereof.
2. Compensation and Payment
a. The FOOT agrees to pay to the MAINTAINING AGENCY a lump sum of $ 24,000.00 for the fiscal year in
which this Agreement is signed (fiscal year as referenced in this Agreement shall be FOOT's fiscal year).
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION , " ,
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATIoN 8,1.
AGREEMENT -. -~} ..,.
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b. For each future fiscal year, the FOOT and the MAINTAINING AGENCY shall agree on the amount to be
paid prior to the fiscal year beginning. The FOOT will issue a work order confirming the amount and
authorizing the performance of maintenance for each new fiscal year.
c. Invoices may be submitted anytime after May 191110f the fiscal year in which the services were provided, but
no later than 180 days after the end of said fiscal year. Pay ment shall be made in one lump sum as
provided in paragraph 4 hereof.
d. Payment shall be made in accordance with Section 215.422, Florida Statutes.
e. Bills for fees or other compensation for services or expenses shall be submitted in a format acceptable to
the FOOT and in detail sufficient for a proper pre-audit and post-audit thereof.
3. Record Keeping
The MAINTAINING AGENCY shall keep records of all activities performed pursuant to this Agreement. The
records shall be kept in a format approved by the FOOT.
Records shall be maintained and made available upon request to the FOOT at all times during the periOd of this
Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of
these documents and records shall be fumished to the FOOT upon request.
4. Invoicing
Upon receipt, the FOOT has five (5) working days to inspect and approve the gOOds and services. The FOOT has
twenty (20) days to deliver a request for payment (voucher) to the Department of Banking and Finance. The twenty
(20) days are measured from the latter of the date the invoice is received or the goods or services are received,
inspected, and approved.
If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to
Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to
the MAINTAINING AGENCY. Interest penalties of less than one (1) dollar shall not be enforced unless
the MAINTAINING AGENCY requests payment. Invoices returned to a MAINTAINING AGENCY because
of MAINTAINING AGENCY preparation errors shall result in a delay in the payment. The invoice payment
requirements do not start until a properly completed invoice is provided to the FOOT.
"I
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this
individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining
timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling
the State Comptroller's Hotline, 1-800-848-3792.
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. I n the event this Agreement is in excess of $25,000 and has a term for a period
of more than one (1) year, the provisions of Section 339. 135(6)(a), Florida Statutes, are hereby incorporated:
The FOOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by
its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure
during such fiscal year, Any contract, verbal or written, made in violation of this subsection shall be null and void,
and no money may be paid on such contract. The FOOT shall require a statement from .the Comptroller of
the FOOT that funds are available prior to entering into any such contract or other binding commitment of funds,
Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any
contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the FDOT which are
for an amount in excess of $25.000 and which have a term for a period of more than one (1) year.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT 16 B 4
The FOOT will provide a copy of the statement referenced above to the MAINTAINING AGENCY.
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5. Default
In the event that the MAINTAINING AGENCY breaches any provision ofthis Agreement, then'in addition to any
other remedies which are otherwise provided for in this Agreement, the FOOT may exercise one or more of the
following options, provided that at no time shall the FOOT be entitled to receive double recovery of damages:
a. Pursue a claim for damages suffered by the FOOT or the public.
b. Pursue any other remedies legally available.
c. As to any work not performed by the MAINTAINING AGENCY, perform such work with its own forces or
through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY if the
MAINTAINING AGENCY fails to cure the non-performance within fourteen (14) days after written notice
from the FOOT of the non-performance; provided, however, that advance notice and cure shall not be
preconditions in the event of an emergency.
6. Indemnification
The MAINTAINING AGENCY. to the extent allowed by Section 768.28, Florida Statutes, shall indemnify, defend,
save, and hold harmless, the State, the FOOT, and all of their officers, agents, and employees from all suits,
actions, claims, demands, and liabilities of any nature whatsoever arising out of, because of, or due to breach of
this Agreement by the MAINTAINING AGENCY, its subcontractors, agents. or employees or due to any act or
occurrence of omission or commission of the MAINTAINING AGENCY, its subcontractors, agents, or employees.
7. Force Majeure
Neither the MAINTAINING AGENCY nor the FOOT shall be liable to the other for any failure to perform under this
Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other
event beyond the control of the non-performing party and which could not have been avoided or overcome by the
exercise of due diligence: provided that the party claiming the excuse from performance has (a) promptly notified
the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the
occurrence to the extent possible, and (c) resumed performance as soon as possible.
8. Miscellaneous
a. The FOOT shall consider the employment by any contractor of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality j\ct. If the contractor knowingly employs unauthorized aliens,
such violation shall be cause for unilateral cancellation of this Agreement.
b. The MAINTAINING AGENCY shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the MAINTAINING AGENCY in conjunction with this Agreement. Failure by the MAINTAINING AGENCY
to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by
the FOOT.
c. This Agreement constitutes the complete and final expression of the parties with respect to the subject
matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto.
d. This Agreement shall be govemed by the laws of the State of Florida. Any provision hereof found to be
unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions
hereof. .
ST4TE OF FLORID4 DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT 1 () B 4
e. Time is of the essence In the performance of all obligations under this Agreement.
f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile
transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five (5)
business days from the proper sending thereof unless proof of prior actual receipt is provided. The
MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FOOT of the
appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing,
notices shall be sent to the following addresses:
710-01().30
UTILTTlES
07103
,"I ~14015
,I
:~ ;
MAINTAINING AGENCY:
Mr Robert W. Tipton. P.E. County Traffic Operations Enqineer
~:~~ i:: ::":~y 'I'r;:llnc:rnrhllt-i nn ~Ar~1i I"'1:llC: T'li vi c:i nn
2795 Oou~h lIor~c4rivc
NaplcB, FL 34104
FOOT:
~~~~~~ T. ~~il~~. Jr . ni~~ri~~ (J~ility Administrator
~~~~i~~ ?~~a~~~gRt gf Tr4NiPORTATION
Pest Office Hex 1J49
B~r~nw. Florid~ 3383~-124q
g. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a
pUblic entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six
(36) months from the date of being placed on the convicted vendor list.
h. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract
to provide any gOOds or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any pUblic entity, and may not transact business with any public entity.
l. Nothing herein shall be construed as a waiver owither party's sovereign immunity.
~ I'" It: HluHWA Y LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT
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9. Certification 16 B 4A
This document is a printout of an FOOT form maintained in an electronic format and all revisions thereto by
the Maintaining Agency in the form of additions, deletions or substitutions are reflected only in an Appendix
.Changes To Form Document" and no change is made in the text of the document itself. Hand notations on
affected portions of this document may refer to changes reflected in the above-named Appendix but are for
reference purposes only and do not cI1ange the leons of the document By signing this documen~ the Maintaining
Agency hereby represents that no change has been made to the text of this document except through the terms
ot the Appendix entitled 'Changes To Form Document."
You MUST signify by selecting or checking which of the following applies:
@ No changes have been made to this Forms Document and no Appendix entitled "Changes To Form
Document" is attached.
o No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Forms Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first Written.
MAINTAINING AGENCY
BY, (Signature) ~ - ~/
(Typed Name:
DATE:
g-/-O:J
Dnh~rr w. Tioton, P.E.
(Typed Title: ~rmrd.y 'T'raffic Operations Engineer
..
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
BY: (Signature)
(Typed Name: Walter l. Childs, Jr.
(Typed Title: District Utility Administrator
DATE:
#
)
)
FOOT Legal Review
BY: (Signature)
District Counsel
DATE:
(Typed Name:
Collier County Legal Review
Approved as to form a~egal SUfficiency:
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cq eline Hubbard Robinson, Assistant County Attorney
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